Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Monograph

Identifikator:: 1010911953

URN:: urn:nbn:de:zbw-retromon-20641

Document type:: Monograph

Author:: Gide, Charles http://d-nb.info/gnd/117543985; Rist, Charles http://d-nb.info/gnd/172332966

Title:: Geschichte der volkswirtschaftlichen Lehrmeinungen

Edition:: Nach der zweiten durchgesehenen und verbesserten Ausgabe, herausgegeben von Franz Oppenheimer

Place of publication:: Jena

Publisher:: Verlag von Gustav Fischer

Year of publication:: 1913

Scope:: 1 Online-Ressource (XXII, 828 Seiten)

Digitisation:: 2018

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Index

Document type:: Monograph

Structure type:: Index

Title:: Sachregister

Collection:: Economics Books

CHAPTER IV THE PREROGATIVE OF MERCY § 1. THE PREROGATIVE UP TO 1878 THE prerogative of mercy is one of the most important prerogatives of the Crown, and is an essential part of the working of the executive government of a British Dominion. It is always delegated to the Governor by some instrument ; whether it would pass without delegation is a moot point, and has been noted above; it has been held by the Chief Justice of Canada ! that the delegation is essential if it is to pass, and at any rate it is always so delegated by Imperial instruments ; but on the other hand, it is so essential an element of government that it might be deemed to be included in the duties delegated to a Governor by the instruction to perform the duties of a Governor, which is the basis of all his sxecutive authority.? There is no possible doubt that the power is one which could be barred by express words in a statute; but it has never been sobarred, although it has often been supplemented by rules under Acts giving prisoners releases on condition of good conduct and so forth ; but these rules in no way abridge the prerogative. In some cases, as for example in the Vie- torian Act No. 2106 regarding indeterminate sentences, there is an express saving of the prerogative; in the Tasmanian Act 7 Edw. VII. No. 17, there is no saving, and the Bill was re- served, but allowed as being clearly in no way a limitation of the prerogative ; moreover, the Tasmanian Act regarding prisons of 1906 is again significant, for it gives the power of remitting sentences thereunder to the Governor as distin- guished from the Governor in Council, thus preserving, even as regards the special authority of the Act, the discretion of + Attorney-General for Canada v. Attorney-General of Ontario, 23 3. C. R. 458, at p. 469. Cf. 20 0. R. 222; 190. A. R. 31; Wheeler, Confederation Law, pp. 327 seq. : Cf. 20 0. R. 222, at p. 255 per Boyd C.; 19 O. A. R. 31, at p. 39, per Burton J. A.

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